72 riEST COUXTY PARK SYSTEM 



make a contest over the principle involved, the matter was 

 allowed to stand, as tlie judge had reqiiested. The three 

 officials were chosen and the two officers of the previous 

 board were changed accordingly. 



In this record of the park undertaking — the truth of 

 which will stand long after all of us engaged in its work 

 and development thus far shall have passed to the beyond — 

 not wishing to do the memory of Judge Depue or any 

 living person any injustice, I will here state, that, while the 

 judge might not have intended by this action to usurp 

 powers that did not rightfully or legally belong to him, or 

 to the office he was then administering, I am just as firmly 

 convinced that such was the fact. The very first section of 

 the law under which he was acting, "Chapter XCL, 

 Laws of 1895,''' already referred to, distinctly provides that 

 ^'every such board shall annually choose from among its 

 members a president, vice-president and treasurer, and ap- 

 point a clerk or secretary, and such other officers and em- 

 ployes as it may deem necessary to carry out the purposes 

 of this act.'"' 



If that clause does not clearly enough leave the selection 

 of officers solely as a prerogative of the board to determine, 

 and with equal clearness leave only the selection of the com- 

 missioners with the court, what language could be employed 

 to express such meaning? If the judge, under this law, 

 could assume to determine and direct by an expressed 

 "wish'' or othervuse, who the officers should be, why could 

 he not with equal right or authority decide vrho the secre- 

 tary, counsel, or any other officer or employe should be ? 



I do not think that at the moment when the expression 

 as to the judge's wishes was made, or during the brief dis- 

 cussion that followed, any of the commissioners thought of 

 the clause in the charter above quoted. And I have also the 

 generous disposition toward Judge Depue's memory to be- 

 lieve that, in the extraordinary pressure brought to bear 

 upon him regarding the appointments he had overlooked it 

 or possibly may have never read it. There was, however, at 

 least one of the commissioners present at that meeting who 



